2009-12-07
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of 11
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Wednesday, December 09, 2009 10:06 AM
To: minutes@beverlyma.gov
Subject: meeting
Regular Meeting
Beverly City Council 7:00, PM December 7,2009
Roll Call: Councilors Present: John Burke arrived at 7:15 PM , William Coughlin, , Patricia Grimes, Kevin Hobin, Donald Martin,
D. Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty Councilor Judith Cronin was absent
Pledge of Allegiance to the Flag: Led by Councilor Grimes
Public Hearings and Public Speakers:
7:05 PM Renee Mary
7:10 PM Mary Rodrick
7:15 PM Public Hearing National Grid - Pole Dix Way
Refer to Public Services
7:20 PM Public Hearing Various budgetary changes
Refer to Finance and Property
7:30 PM Public Hearing Allocation of Fiscal Year 2010
Recessed from November 16, 2009
Refer to Finance and Property
7:45 PM Public Hearing re Participation in NS Regional Voke and Essex Aggie
Refer to Finance and Property
Acceptance of Minutes:
Meeting of November 16, 2009
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#198
12/10/2009
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December 7,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As you know, I have already spoken clearly in favor of the combined North Shore Vocational Technical High School and Essex Aggie
project. Tonight, we have with us the Town Manager of Danvers, Wayne Marquis who has guided this project forward for the past twelve
years or more. We have Amy O'Malley, former Superintendent of the Voke Tech, and we have current Superintendent-Director, Roger
Bourgeois all here to answer questions you may have.
Before I turn the microphone over to them let me make several points:
1. The Beverly School Committee has voted unanimously in favor of this project.
2. Danvers, Salem and Peabody have all voted in favor. Beverly's favorable vote tonight would ensure the project's success
by going over the required 750/0.
3. The State of Massachusetts' contribution to this project of $98.6 million is a once in a lifetime opportunity. In the future,
we would never have such a generous offer on the table again.
4. Failure to join the District would subject Beverly to the higher out-of-district per pupil cost and a restriction on the number
of Beverly students who could attend.
5. The merger will generate efficiencies and cost savings. These will affect assessments favorably.
6. While the merger does have a cost for our share of the debt service, failure to seize this opportunity will result in making
the North Shore less cost competitive because of a lack of well trained persons with vocational skills and will deprive us of
the opportunity to have a forward looking vocational curriculum based on emerging industries and developing job markets.
As you can gather, I support this project most strongly. Now, let me introduce my colleague, Wayne
Marquis, Town Manager of Danvers.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#199
December 7,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Scott H. Carleton, 136 Leslie Road, Rowley, MA to serve as Consta~
in the City of Beverly for the express purpose of serving Civil Process.
Attached is Mr. Carleton's application for reappointment, which has been approved by Police Chief Mark Ray.
Mr. Carleton's term will be effective until May 31, 2012.
12/10/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of 11
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#200
December 7,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Jay Martel, 5 Hood Road, Danvers, MA 01923, to serve as a Constable
in the City of Beverly for the express purpose of serving Civil Process.
Attached is Mr. Martel's application which has been approved by Police Chief Mark Ray.
Mr. Martel's term will be effective until November 30, 2012.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#201
December 7,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Registrars of Voters:
John Crowley
107 Lovett Street
His term to be effective until March 31, 2011
Roger Morency
8 Columbia Road
His term to be effective until March 31, 2012.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#202
December 7,2009
12/10/2009
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Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Planning Board:
Richard Dinkin
93 Bridge Street
David Mack
2 Eagle Lane
Their terms to be effective until December 31, 2012.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#203
December 7,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizen to serve as a member of the Planning Board:
James B. Matz
10 Victor Avenue
He will replace Ms. Stephanie Williams who did not wish to be reappointed to the board. His term to be effective until December 31, 2012
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#204
December 7,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizen to serve as a member of the Council on Aging Board of
Directors:
12/10/2009
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Anne Horrigan
35 Berrywood Lane
She will replace Mr. Edward Glichouse whose term expired in June. Her term to be effective until June 30, 2012
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#205
December 7,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizen to serve as a member of the Beverly Cultural Council:
Stacy Thomas- Vickory
27 Cedar Street
She will replace Ms. Joanne Flannery whose term expired in April. Her term to be effective until April 30, 2012
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#206
December 7,2009
Honorable City Council
City Hall
Beverly, MA 01915
RE: 319-325 Cabot Street
Dear Honorable Council:
I respectfully request your Honorable Council to approve the attached Affordable Housing Proposal as further outlined in the attached
memorandum from Planning Director Tina Cassidy and authorize me to execute the necessary legal documents to allow the project to
move forward.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
Communications from Other City Officers and Boards:
#145A
12/10/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 6 of 11
Communication from Planning Department relative to Traffic and Safety related issues near the North Beverly train Station (Dodge and
Lau rei Streets)
Refer to Legal Affairs and Accounts
Communications, Applications and Petitions:
#207
Communication from Salem and Beverly Water Supply Board relative to annual determination of volume of water supplied to Salem and
Beverly during the three years prior to September 30.
Refer to Public Services
#208
Application for License to sell Christmas Trees - Richard Williams 642 Elliott Street
Refer to Legal Affairs
#209
Petition National Grid for installation of 2 - 3" duct from HH823 to HH on Private property at 27 Woodbury St.
Refer to Public Services
Reports from Committees:
#168
The Committee on Finance and Property to whom was referred the matter of request to use City Property for a Bike Rack have considered
said matter and beg leave to report as follows, to wit;
Receive and Place on File
Order read once and adopted 8-0 Vote
#170
The Committee on Finance and Property to whom was referred the matter of Transfers for salary adjustments for Union Contracts have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council approve the request of the Mayor for a transfer of funds from Reserve for 2009 Salary Adjustment for union
contracts in the amount of $51,000 to Highway Reserve for Payroll adjustments account and the balance of $79,000 for the police reserve
for Payroll adjustment account.
12/10/2009
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Order read once and adopted 8-0 Vote
#176
The Committee on Finance and Property to whom was referred the matter of Allocation of Fiscal Year 2010 Tax Levy have considered said
matter and beg leave to report a follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly approve the following:
That the City adopt a 1.59 Classification shift which will result in a residential factor of 89.8631
First Passage:
Public Hearing:
Final Passage:
Nov. 2, 2009
November 16, 2009 recessed until Dec. 7, 2009
December 7, 20090rder read once and adopted
Order read once and adopted 8-0 Vote
#183
The Committee on Finance and Property to whom was referred the matter of communication from City Planner relative to the execution of
a sale have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed Eligible Purchaser Certificate for the sale of a Condo
at the Edwards School Condos.
Order read once and adopted 8-0 Vote
#184
The Committee on Finance and Property to whom was referred the matter of participation in building have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the [City/Town] become a member of the Essex North Shore Agricultural and Technical School District (the "District") in
accordance with Chapter 463 of the Acts of 2004 (as amended); and that the proportioned share of the $133,770,000 estimated
construction cost of the Essex North Shore Agricultural and Technical high School, will be based on the (City/Town] projected percentage
of enrollment for the proposed Essex North Shore Agricultural and Technical High School, which school facility shall have an anticipated
useful life as an educational facility for the instruction of school children for at least 50 years, said construction funds to be expended under
the direction of the Essex North Shore Agricultural and Technical School District in accordance with Chapter 463 of the Acts of 2004 (as
amended and MGL Chapter 71; and that [City/Town] acknowledges that the Massachusetts School Building Authority's ("MSBA") grant
program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the District incurs
in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the District; provided further that any
grant that the District may receive from the MSBA for the Project shall be based on a total project budget of $125,000,000 and shall not
exceed the lesser of (1) sixty-two percent (62.000/0) of eligible, approved project costs, as determined by the MSBA, or (2) the total
maximum grant amount as determined by the MSBA; and that the amount of borrowing authorized for the District shall be reduced by any
grant amount set forth in the Project Funding Agreement that may be executed between the District and the MSBA; and further provided
that the MSBA's grant is conditioned upon the election by cities and towns representing at least 75 percent of the October 1, 2004
foundation enrollment of the North Shore Vocational Regional School District to become a member municipality of the District.
Order read once and adopted 8-0 Vote
#185
12/10/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 8 of 11
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Changes in State Aid Receipts and
Assessments have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of The City of Beverly approve the request of the mayor relative to a transfer of $13,053 from North Shore
Vocational School Assessment to cover FY2010 Cherry Sheet differences in the amount of $2,235 and net adjustment of $13,053 and
actual assessments
First Passage:
Public Hearing:
Final Passage:
Nov. 16,2009
Dec. 7, 2009
Dec. 7, 2009
Order read once and adopted 8-0 Vote
#189
The Committee on Finance and Property to whom was referred the matter of request to declare Ladder One as surplus have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council approve the request of the Fire Chief to declare Ladder One as surplus
Order read once and adopted 8-0 Vote
#117
The Committee on Legal affairs / Committee of the Whole to whom was referred the matter of Ordinance Sec. 3-318 re Public Services
have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
#159
The Committee on Legal Affairs/ Committee of the Whole to whom was referred the matter of request for Parking & Traffic study in
Montserrat College area have considered said matter and beg leave to report as follows, to wit;
Receive and Place on File
Order read once and adopted 8-0 Vote
#159A
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for Parking and Traffic study in
Montserrat College area have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
#180
12/10/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 9 of 11
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance Sec. 3-318 Public Services have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the Year two thousand and nine
An Ordinance amending an ordinance entitled Administrative Offices
Be it ordained by the City Council of the City of Beverly as follows, to wit:
ADD: At the end of Section 3-318 (d) The Commissioner of Public services, Public Works and Engineering, shall annually submit to
the City Council by May 1 st of each calendar year, a copy of the written paving management plan. It shall summarize the current general
conditions of all roadways within the City of Beverly. The plan shall categorize and identify all the required needs and conditions of all
repairs.
Order read once and adopted 8-0 Vote Held
#190
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Tri City Services, Inc. for 4 Taxi
and 2 Livery Licenses have considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be Granted
Order read once and adopted 8-0 Vote
#194
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application City Taxi for 4 Taxi licenses
have considered said matter and beg leave to report as follows, to wit:
Receive and Place on file
Order read once and adopted 8-0 Vote
#196
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance Public Services Sec 3-318 have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year two thousand and nine
An Ordinance amending an ordinance entitled Administrative Officers
Be it ordained by the City Council of the City of Beverly as follows, t 0 wit:
Add: The Commissioner of Public Services, Public Works and Engineering shall annually prior to May 1 st submit to the Clerk of the City
Council a written paving management plan. Such plan shall include, but need not be limited to, a summary of the current general condition
of each highway, street and bridge under the control of the City of Beverly. The plan shall categorize and identify a list of required repairs,
estimates of cost and funding sources, planned order of such repairs, and provision for emergency repairs. Each such plan shall, as soon
as may be practicable, be reviewed by the City Council, which may refer said plan to the Committee on Public Services.
12/10/2009
That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 10 of 11
Order read once and adopted 8-0 Vote Held
#206
The Committee on Legal Affairs to whom was referred the matter of Purchase of Cabot Street homes, 319-325 Cabot Street have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed financial papers for the financing and sale of 319-
325 Cabot Street.
Order read once and adopted
#152
The Committee on Public Services / Committee of the Whole to whom was referred the matter of President Taft Plaque have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That a plaque be erected at Lynch Park commemorating President William Howard Taft's summer visits to Beverly
Order read once and adopted 8-0 Vote Hold
#153
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Resolution re Lynch Park Carriage House
have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the city council approve the resolution supporting Lynch Park's Placement on the national Register of Historic Places
Order read once and adopted 8-0 Vote Hold
#181
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment - Constable Stuart Lamb
have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 8-0 Vote
#180 Motion was held at meeting of Nov. 16, 2009
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Ordinance Administrative Organization re
Commissioner of Public Service have considered said matter and beg leave to report as follows, to wit:
An Ordinance amending an ordinance entitled Administrative Organization
Ordered: That Section 3-318 Public Services be amended as follows:
12/10/2009
That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 11 of 11
ADD: The Commissioner of Public services, Public Works and Engineering, shall annually submit to the City Council by May 1 st of
each calendar year, a copy of the written paving management plan. It shall summarize the current general conditions of all roadways with
the City of Beverly. The plan shall categorize and identify all the required needs and conditions of all repairs.
Receive and Place on File 8-0 Vote
#209
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Petition of National Grid have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a public hearing on Monday, December 21, 2009 at 7: 15PM, in Council
Chambers, Third Floor, 191 Cabot Street, Beverly, Ma relative to a petition of National Grid for installation of 2 3" duct from HH 823 to HH
on private property at 27 Woodbury St.
Order read once and adopted 8-0 Vote
Unfinished Business:
Motions and Orders:
#210
An Order by Ward 6 Councilor Judith Cronin:
That the Planning Department conduct a study of the R10 zoning in Beverly Farms as it relates to the bordering R45 zoning and report
back to the Council and Planning Board by February, 2010. Such a study should include but not be limited to:
. A general description of existing zoning requirements and districts;
. An analysis of the number and percentage of conforming and non-conforming lots that exist in the R10 district today;
. Identification of lots in the area that could be subdivided under current zoning requirements and a "guestimate" as to how many new
house lots could be created if subdivision were pursued on those "developable" lots;
. An analysis of the potential impact of rezoning the R 10 district to "less dense" designations (i.e. R-15, R22, etc), expressed in terms of
the number of existing houses and lots that would become non-conforming if the zoning requirements were "tightened" and in
terms of the number of house lots that could be created;
. An explanation of the practical benefits and drawbacks to rezoning the area from R10 to less dense zoning and
. Recommendations regarding zoning changes (dimensional requirements and others) that might be appropriate given the outcome of the
review outlined above.
Please see attached map for the area in question.
Refer to Legal Affairs
Meeting adjourned: 10:45 PM
Frances A. Macdonald, CMC
City Clerk
12/10/2009